Kishor v. BPHT

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/4/17 ORDERING that within 30 days, petitioner shall file a completed petition for writ of habeas corpus on the form to be provided by the Clerk of the Court. Also, within 30 days, petitione r shall submit an application to proceed in forma pauperis on the form provided by the Clerk of Court, or pay the filing fee in the amount of $5.00. The Clerk of the Court is directed to send petitioner the courts form for filing a petition for writ of habeas corpus under 28 U.S.C. § 2254, and the application to proceed in forma pauperis by a prisoner.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHANDRA KISHOR,

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Petitioner,

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No. 2:16-cv-2920 CKD P

v.

ORDER

BPHT,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a document suggesting petitioner

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would like to challenge proceedings which resulted in petitioner being denied parole. In order to

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commence an action, petitioner must file a petition for writ of habeas corpus as required by Rule

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3 of the Rules Governing Section 2254 cases, and petitioner must either pay the required filing

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fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§

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1914(a), 1915(a). Accordingly, IT IS HEREBY ORDERED that:
1. Within thirty days, petitioner shall file a completed petition for writ of habeas corpus

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on the form to be provided by the Clerk of the Court.
2. Also, within thirty days, petitioner shall submit an application to proceed in forma

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pauperis on the form provided by the Clerk of Court, or pay the filing fee in the amount of $5.00.

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3. Petitioner’s failure to comply with this order will result in dismissal.

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4. The Clerk of the Court is directed to send petitioner the court’s form for filing a

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petition for writ of habeas corpus under 28 U.S.C. § 2254, and the application to proceed in forma

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pauperis by a prisoner.

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Dated: January 4, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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kish2920.nopet

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